beta
(영문) 청주지방법원충주지원 2016.05.25 2015가단22130

배당이의

Text

1. On July 15, 2015, the above court with respect to the compulsory auction case for real estate D or E (combined) in the Chungcheong District Court D or E (Consolidated).

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”), Plaintiff B owned 25/100 shares, F owned 30/100 shares, and G owned 45/100 shares.

Plaintiff

A is a person who has set up a right to collateral security of KRW 500,000,00 with respect to F’s share of each of the instant real property.

Defendant C is a person who has set the right to collateral security of KRW 700,000,00 with respect to the share of G out of each of the instant real property.

The defendant Republic of Korea (the competent authority) and the defendant National Health Insurance Corporation (the Chungcheong Branch) are entitled to deliver claims against G.

B. On July 15, 2015, a distribution schedule was formulated to distribute the amount of KRW 105,505,920 to Defendant C, the amount of KRW 782,559 to Defendant C, the amount of KRW 1,172,173 to Defendant National Health Insurance Corporation, KRW 73,038,72 to Plaintiff A, and KRW 60,865,602 to Plaintiff B for compulsory auction for real estate auction.

C. On July 15, 2015, the Plaintiffs raised an objection against the total amount of dividends distributed by the Defendants on the date of distribution, and filed a lawsuit of demurrer against distribution within one week thereafter.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, and 3 (including each number), and the purport of the whole pleading

2. Determination:

A. In light of the fact that a person who has pledged his/her property to secure another's property is in a position to exercise a security right to the real estate owned by the debtor by subrogation under Articles 481 and 482 of the Civil Act, where a person who has pledged his/her property to secure another's property owns part of several of the real estate on which a joint mortgage has been established, and some of the real estate is owned by the debtor at the same time, the auction price for each real estate is distributed in proportion to the auction price for each real estate.